NOPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Misc. Petition, a challenge has been made to the order dtd. 2/6/2010 passed by the learned Judicial Magistrate, First Class, Kuchaman City in Case No.164/2010 whereby he took cognizance of offence under Ss. 147, 341, 323, 325 r.w. Sec. 149 of the IPC and issued process against the petitioners. Challenge has also been made to the order dtd. 29/1/2011 passed by the learned Additional Sessions Judge, Parbatsar in Criminal Revision No.52A/2010, whereby the learned Judge dismissed the revision petition.

(2.) The matter was investigated thoroughly and a detailed negative final report got submitted by the police observing therein that the complainant party made an assault over the petitioners' party in which one person was murdered and the complainant party was charge-sheeted because they were aggressors. It was specifically observed that a false case was lodged at the behest of the complainant.

(3.) It is neigh well settled principal of law that whenever a Magistrate takes cognizance of the offence on a protest petition, he is required to show his disagreement with the police report. A definite opinion has to be made or at least the grounds of final report should be considered before proceeding further in the matter. Evidently, the above task has not been undertaken.